Phil McNeely

The applicant municipality sought directions from the Drainage Referee regarding a complex and expensive proposed municipal drain project.

The Referee confirmed the area requiring drainage as no challenges were brought.

The Referee determined that the third petition for the drainage works was valid under section 4(1)(a) of the Drainage Act, holding that the required majority is based on the number of owners rather than the number of properties.

Given the unique complexity, environmental considerations, and costs of the project, the Referee ordered that he would remain seized of the matter to provide ongoing directions and hear any appeals from the preliminary report.